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Retired Man Collects Three Hundred Thousand Dollars after Minor Rear End Impact Accident

Retired Man Collects Three Hundred Thousand Dollars after Minor Rear End Impact Accident

Posted By Dunnion Attorney || 10-Apr-2015

A 71 year old retired home builder was driving his 2010 Ford F250 Pick Up in Merced California when he entered an intersection a vehicle in the opposite direction suddenly decided to make a left turn in front of him. He applied his brakes and slowed enough to allow the vehicle to complete the left turn. Unfortunately, a gentleman in a 1999 Dodge Durango behind him applied his brakes also but was unable to stop before impacting the retired man’s Ford Pick up. The Durango driver apologized and admitted that he was texting when he looked up and saw the brake lights on the Ford Pick Up. Fortunately, the impact was minor. They exchanged information and the retired gentleman said he had “minor whiplash” pain and a “crunchy” feeling in is neck. Later that evening when at home with his wife he noted his neck was tight. Because he had a prior neck injury and surgery in 2005 he decided to see his family doctor. The family doctor told him he had a problem with a strained shoulder but his neck surgery was all in place and fine. The retired man then made a claim with the insurance company for the man in the Durango but his calls were not returned. He then decided to call the attorney he had seen on television. When he called the Dunnion Law Firm answered his questions and suggested that they go forward with a more formal claim. The Dunnion Attorney arranged for medical treatment of his shoulder which turned out to have a tear in the rotator cuff. He was treated for the shoulder condition and referred to neurosurgeon for his neck. The neurosurgeon was not sure if he should consider a surgery or at his age to just live with it. At this point the Attorney at the Dunnion Law Firm had enough evidence to demand the policy limits of $50,000.00 from the adverse driver’s insurance company. The demand was accepted and the case settled with the Durango driver’s insurance company. The Dunnion Attorney then urged the retired man to make a claim with his own insurance company as he had available limits of $250,000.00. He agreed and demand for the limits was made. The insurance company rejected the demand stating that he was fully compensated for his shoulder by the prior settlement and his neck issue was not caused by the accident. The Dunnion Attorney then retained a well known spine doctor from San Francisco who agreed to evacuate the man’s neck situation. The doctor opined that the “minor impact” had aggravated his prior neck surgery. He also stated that the retired man could benefit from an expensive specialized procedure. With this evidence the Dunnion Attorney went back to the insurance carrier who after evaluating MRI films and various medical records provided by the Dunnion Law firm agreed to pay the additional under insured motorist limits of $250,000.00 plus an additional $25,000.00 in medical payments. This resulted in a total settlement of $325,000.00. The retired man has thus far decided against any surgery related to his neck.

Categories: Auto Accident